Taylor v Manchester City Council TCG Bars Ltd [2012] EWHC 3467 (Admin) (07 December 2012)

Taylor v Manchester City Council TCG Bars Ltd [2012] EWHC 3467 (Admin) (07 December 2012)

The Licensing Act 2003 and associated regulations do not permit formal amendment of an application to vary a premises licence after submission and advertisement. However, the licensing authority may, in exercising its administrative discretion, consider only those parts of the application the applicant wishes to pursue and may impose conditions as necessary for the promotion of the licensing objectives. The authority acted lawfully in determining the application as revised, provided it did not extend the scope of the licence beyond the original application and complied with procedural fairness.

Citation
[2012] EWHC 3467 (Admin)
Parties
Appellant: Matthew Taylor; First Respondent: Manchester City Council; Second Respondent: TCG Bars Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2012
Procedural Posture
Appeal by Way of Case Stated / High Court Administrative Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Licensing Act 2003, Premises Licence Variation, Procedural Fairness, Administrative Decision Making
Administrative Law Licensing Law Licensing Act 2003 Premises Licence Variation Procedural Fairness Administrative Decision Making

Case Brief

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Parties

Matthew Taylor

Appellant

Manchester City Council

First Respondent

TCG Bars Limited

Second Respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Administrative Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether and to what extent an application to vary a premises licence under the Licensing Act 2003 can be amended after advertisement and consultation period has expired
  2. 2 Whether Manchester City Council acted lawfully in determining a varied application after significant revision post-consultation

Ratio Decidendi

The Licensing Act 2003 and associated regulations do not permit formal amendment of an application to vary a premises licence after submission and advertisement. However, the licensing authority may, in exercising its administrative discretion, consider only those parts of the application the applicant wishes to pursue and may impose conditions as necessary for the promotion of the licensing objectives. The authority acted lawfully in determining the application as revised, provided it did not extend the scope of the licence beyond the original application and complied with procedural fairness.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Manchester City Council Licensing Sub-Committee is upheld.